3702.303
Transfer agreements.

(A)
Except as provided in division (C) of this section, an
ambulatory surgical facility shall have a written transfer agreement with a
local hospital that specifies an effective procedure for the safe and immediate
transfer of patients from the facility to the hospital when medical care beyond
the care that can be provided at the ambulatory surgical facility is necessary,
including when emergency situations occur or medical complications arise. A
copy of the agreement shall be filed with the director of
health.

(B)
An ambulatory surgical facility shall update a written
transfer agreement every two years and file a copy of the updated agreement
with the director.

(C)
The requirement for a written transfer agreement
between an ambulatory surgical facility and a hospital does not apply if either
of the following is the case:

(1)
The facility is a provider-based entity, as defined in
42 C.F.R. 413.65(a)(2), of a hospital and the facility's policies and
procedures to address situations when care beyond the care that can be provided
at the ambulatory surgical facility are approved by the governing body of the
facility's parent hospital and implemented;

(2)
The director of health has, pursuant to the procedure
specified in section 3702.304 of the Revised Code, granted the facility a
variance from the requirement.